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Zajištění cizince / Detention of foreigners

Administrative detention of migrants Resumé The aim of this thesis was to critically evaluate the institute of administrative detention of migrants and decide whether it is and appropriate, proportionate and necessary measure or if it has become obsolete considering the development of recent years and whether it would be appropriate to replace it with more effective alternatives. In the first part of the thesis I have critically evaluated the legal framework regarding administrative detention of migrants. I analysed the impact of international law with the emphasis of human rights, laid out the rules as stated by fragmented European law directives and regulations. The most detailed analysis is of Czech legal framework, including mentions of its most problematic points both from past and present. Next I considered the nature of the institute as an administrative law instrument used to restrict someone on his personal liberty. Considering the insufficiency of mere legality as a criterion of legality and legitimacy of administrative detention, I evaluated the aims and purposes of the administrative detention of migrants. In the last part of the thesis I have raised some critical points against current legal framework and practice. I point out the abuse of administrative detention for other than legally stated...

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:393059
Date January 2019
CreatorsHametová, Andrea
ContributorsKryska, David, Svoboda, Petr
Source SetsCzech ETDs
LanguageCzech
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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